Computation of PPD Awards
Gorman v. Waters & Bugbee, Inc.
374 N.J. Super. 513 (App. Div. 2005)
Decided February 2, 2005
The Appellate Division affirmed the decision of the workers’ compensation judge to deny the employer the benefit of a reduced contribution to the petitioner attorney’s fee award because the employer’s voluntary tender of disability benefits was untimely when it occurred slightly beyond the twenty-six week period allowed by statute. In reviewing the statutory history of N.J.S.A. 34:15-64 and viewing that statute in pari materia with N.J.S.A. 34:15-16, the Appellate Division concluded that when the NJ Legislature amended this statute in 1979 it intended to create a “bright line” timeframe and set a clear and certain deadline an employer must meet to reduce its contribution to an attorney fee award by invoking the “26-week rule”.
Calalpa v. Dae Ryung Co., Inc.
357 N.J. Super. 220 (App. Div. 2003)
Decided January 31, 2003
The Appellate Division held that where an individual settles an intentional tort suit against an employer, the workers' compensation carrier is entitled to assert its N.J.S.A. 34:15-40 lien with respect to the settlement amount. Specifically, the court found that the tort litigation is equivalent to a third party action and that without the lien the petitioner might receive a double recovery for the injuries.
Rickie Simpkins v. Adolfo Saiani
356 N.J. Super. 26 (App. Div. 2002)
Decided December 11, 2002
In reviewing the term "net proceeds" in N.J.S.A. 2A:17-56.23b concerning child support liens, the Appellate Division found that the first $2,000.00 of recovery by an individual after allowances and litigation expenses is not subject to the statutory automatic lien provisions of this statute. A child support lien would thus not apply to the first $2,000.00 of the net proceeds from a settlement.
Division Reserved Decisions
Johnson v. United Parcel Service
96-14113, 97-11721, 97-28713, decided August 31, 2000 by the Honorable Joan L. Mott, J.W.C.
Where petitioner obtained two separate third-party awards for work-related accidents, the workers’ compensation judge held that both third-party awards were subject to a N.J.S.A. 34:15-40 lien.
Olsen v. Brookdale College
90-051271, decided March 23, 2000 by the Honorable Andrew M. Smith, J.W.C.
The respondent did not pay the judgment to petitioner until after losing its Appellate Division appeal despite the fact that there was no stay of judgment pending appeal. The workers’ compensation judge calculated interest from the date of the original judgment until the day petitioner was paid.
Babish v. Donald Rodner, Inc.
96-35431, decided August 19, 1999 by the Honorable Lawrence G. Moncher, J.W.C.
The petitioner suffered a heart attack at work. While the judge found that the petitioner had met his burden to show that the injury was caused by his work effort that day, the judge did allow a 10% credit against the award based on petitioner’s pre-existing condition.